Audio By Carbonatix
The Supreme Court will Wednesday deliver its judgement on a case challenging the Presidential Pardon granted a radio show host and his two panellists.
The three could end up in jail to serve the remainder of their term if the Supreme Court grants the reliefs being sought by the petitioners.
The seven-member panel presided over by Justice Sophia Adinyira will determine the constitutionality of the pardon granted by former President John Mahama to three National Democratic Congress (NDC) activists who threatened Supreme Court justices on radio and later came to be known as the Montie Three.
The activists – Mr Alistair Nelson, Mr Godwin Ako Gunn and Mr Salifu Masse – were later convicted and sentenced to four months imprisonment for contempt of court.
The plaintiffs are, Nana Asante Bediatuo; Elipklim Agbemeva; and Alfred Yeboah represented by lawyers Mr Bright Obeng Manu; Mr Akoto Ampaw; and Dr Ernest Owusu Dapaah.
To the Plaintiffs, the former President could not arrogate unto himself powers exclusively within the bosom of the Judiciary per the 1992 Constitution.
They have pleaded with the apex court to declare the pardon null and void.
They claim the Presidential Pardon granted the three was unconstitutional as the former President purportedly exploited the exercise of the prerogative of mercy.
They further claim that in this particular case, it was tantamount to an exercise of judicial functions in a matter not within the scope of Article 72 (1) and undermines the principles of separation of powers and independence of the judiciary.
They pray that should the court find the case meritorious the Montie three should be sent back to jail to finish their jail terms.
The three were convicted on July 27, 2016, but were granted Presidential Pardon in August 2016, after serving a little over three weeks in jail.
Other members of the panel are Justices Jones Dotse, Anim Yeboah, A. A. Benin, Yaw Appau, Gabriel Pwamang and Baffoe Bonnie.
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